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Draft Min 8-25-08MINUTES REGULAR CITY COMMISSION MEETING August 2S, 2008 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John S. Meserve Commissioner Cazolyn Woods Mayor Pro Tem Mike Borno City Attorney Alan C. Jensen Commissioner John L. Fletcher City Manager Jim Hanson Commissioner Paul Pazsons City Clerk Donna Bartle Call to Order/Pledge Mayor Meserve called the meeting to order at 6:00 p.m. Commissioner Borno gave the Invocation, followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting of August 11, 2008. Motion: Aaarove the minutes of the Regular Commission Meeting of August 11, 2008, as written. Moved by Borno, seconded by Fletcher. Commissioner Borno stated there were two scrivener errors on pg 7 under Ordinance No. 58-08-34 below the title where SS-08-34 should be changed to 58-08-34. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. Before the Courtesy of the Floor to Visitors, Mayor Meserve gave the floor to Commissioner Pazsons. Commissioner Parsons stated, due to his conversations with many people regarding the Ordinance he introduced and although he believes there is still a lot of support for the way he looks at it, he will make a motion to withdraw Ordinance No. 33-08-15. Motion: Withdraw Ordinance No. 33-08-15 Moved by Parsons, seconded by Woods Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Mayor Meserve recognized and welcomed Councilman Art Graham, Mayor Wolfson, Mayor Fletcher and Commissioner Waters who were in the audience. Mayor Meserve opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Au¢ust 2S, 2008 REGULAR COMMISSION MEETING Pace 2 Chris Lester, 625 East Coast, thanked Commissioner Pazsons for his decision. Jennifer Keys, 88 W. 4t~ Street, General Manager of Al's Pizza, proposed an ordinance to allow an exception to the State law to allow dogs in public areas. Mayor Don Wolfson, 1725 Beach Avenue, expressed his appreciation to Mr. Hanson and the City staff for everything they did during the tropical storm. He also expressed his appreciation to Commissioner Parsons for his willingness to accept the Ordinance and Referendum and for letting the citizens attempt this. He stated if there is a need to adjust this later, it can be revisited. Sally Clemens, 1638 Park Terrace West, addressed the Commission regarding the $109,000 for an Assistant City Manager. She believes some of the duties mentioned for this position could be done by a qualified and reasonable Administrative Assistant with the appropriate salary. She stated the Mayport Corridor is under the highly qualified direction of Dale Hatfield and a grant writer could be hired as needed. She stated this was not meant as a criticism to any personality, but the City must watch their money. Jyoti Ironwood, 391 Main Street, thanked Commissioner Parsons stating she was glad she did not have to give her speech. Lindsay Libhart, 351 Main Street, stated she appreciated the Commission keeping an open mind and giving the citizens an opportunity which she believes will benefit the City of Atlantic Beach. Stephen Kuti,1132 Linkside Drive, addressed the Commission stating he was opposed to the proposed restrictions on pazking boats. Ellen Glasser, 421 Oceanwalk Dr. S., stated she believes Commissioner Pazsons probably did the right thing, but stated she would have supported him. She stated sometimes when governing one has to be cazeful to not put things on the ballot prematurely that azen't completely thought out. She further stated she appreciates what all of the Commissioners do. Michael Hoffmann, 176 Camelia St., addressed the Commission regarding the Palms Apartments site and the appropriation for additional money to pay for the base and installation of the public art. Mr. Hoffinann further corrected the minutes from the last meeting where it stated he said 86% of the voters wanted representation. He stated it should have said 86% of 13S voted in favor of that, the rest of the city only approved the referendum by a very small margin. Kenneth Fink, 1973 Beach Ave, addressed Item 7A, stating he is in favor of allowing citizens to pay the lower rate for impact fees and still have until the original date of 2011 or 2012 to do the actual hook up to the sewer system. Kevin McLaughlin, 272 Camelia St., thanked Commissioner Parsons. August 25,, 2008 REGULAR COMMISSION MEETING Page 3 Barry Wolfgang, 613 Paradise Court, addressed the trash pickups cancelled because of the storm, stating he believes the pickups could have run on the normal schedule or a day later, rather than having to wait. He also stated they lose electricity quite often in this neighborhood and asked if the City can approach JEA about this. Milton "Barge" Hall, 685 Amberjack Lane, stated he was glad everything was worked out with the districting. He applauded the citizens for standing up for this issue. He also asked about the district lines and the residency requirements for running for a City office, asking if you have to actually live in that particular district for a year, or if you are a resident of Atlantic Beach for a yeaz and move to that district can you represent that particulaz district. Mayor Meserve stated this will be addressed. Barbara Mears, 1604 Coquina Place, addressed the electrical problems with JEA and asked if the City could apply some pressure to help the citizens with JEA. Mayor Meserve explained the City is very aware of the problems and stated the Commission and City Manager will identify the problem areas and address the issues with JEA. No one else from the audience spoke so Mayor Meserve closed the Courtesy of the Floor to Visitors. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous A. City Manager's Follow-up Report. Meeting Mr. Hanson reported the City's stormwater and sewer systems worked very well during Tropical Storm Fay. He stated the web page was kept updated throughout the storm. He reported JEA and the electric system did not work very well, nor did the police generator which went out. He further stated the reason the debris collection was postponed two days last week was because Jacksonville closed the landfills. Mr. Hanson stated there are two emergency steps related to FEMA reimbursement that need to be approved by the Commission and asked that Public Works Director Rick Carper explain. Mr. Carper explained he would like to activate two emergency provisions from Ordinance No. 5-08-50 for this storm clean-up. One section authorizes the removal of debris from private streets and gated communities. Motion: Authorize removal of debris from arivate streets and gated communities. Moved by Fletcher, Seconded by Borno Mayor Meserve stated Fleet Landing's debris has already been collected and they will not ask for any help from the City. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED August 2~. 2008 REGULAR COMMISSION MEETING Page 4 Mr. Carper also asked for a waiver to the purchasing procedures to-allow for the use of emergency bids. He explained for FEMA purposes everything has to be competitively bid and he needs approval to award the bids. The Ordinance gives the City Manager and the Mayor or Mayor Pro Tem authority to approve emergency bids. He stated these bids will be for emergency debris removal from the City Parks and for a hauler to haul the roll-off containers containing debris from Public Works to the temporary debris disposal site. Motion: Authorize City Manager and Mayor to auarove emergency bids in accordance with Ordinance No. 5-08-50 Moved by Woods, Seconded by Borno Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Consent Agenda 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS A. Acknowledge receipt of Monthly Building Department Report, Utility Sales Report, Financial Report, New Local Business Tax Receipts for July and Public Safety Semi Annual Report. B. Extend the Electrical Troubleshooting, Repair and Installation contract for one additional year to Brooks & Limbaugh Electric Co., Inc. at the contract prices (Bid No. 0506-15). C. Award the Mosquito Control Services (Bid No. 0708-13) contract to Bluewater Environmental. D. Award the contract for Concrete Repairs for the Public Works/iJtilities Department (Bid No. 070$-14) to Sheza General Contractors for one year starting September 1, 2008. Mayor Meserve read the Consent Agenda. Motion: Aunrove Consent Agenda Items A. B, C and D, as read. Moved by Borno, seconded by Fletcher. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Committee Reports 5. Committee Reports Au¢ust 23, 2008 REGULAR :COMMISSION MEETING Page 5 None. Action on Resolutions 6. Action on Resolutions A. Resolution No. 08-10 -Public Hearing A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A REVISED INTERLOCAL AGREEMENT, ATTACHED AS EXHIBIT A, BETWEEN THE CITY OF ATLANTIC BEACH, THE CITY OF JACKSONVILLE, THE CITY OF JACKSONVILLE BEACH, THE CITY OF NEPTUNE BEACH, THE TOWN OF BALDWIN, (THE "CITIES") AND THE DUVAL COUNTY SCHOOL BOARD TO COORDINATE THE LOCATION AND DEVELOPMENT OF PUBLIC SCHOOL FACILITIES THROUGHOUT DUVAL COUNTY AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read Resolution No. 08-10 by title only. Motion: Approve Resolution No. 08-10 Moved by Borno, Seconded by Woods Community Development Director Sonya Doerr explained the Resolution. Mayor Meserve opened the public hearing. No one from the audience spoke, so Mayor Meserve closed the Public Hearing. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Action on Ordinances 7. Action on Ordinances A. Ordinance No. 80-08-76, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES, UTILITIES, PROVIDING NEW "SYSTEM DEVELOPMENT CHARGES" TO REPLACE WATER AND SEWER IMPACT FEES, AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read Ordinance No. 80-08-76 by title only. Motion: Approve Ordinance No. 80-08-76, as read, Moved by Borno, seconded by Parsons. Mayor Meserve opened the Public Hearing. Don Remley,1309 Violet, asked for clarification of what was discussed at the last meeting regarding the fees. He stated he understood that the way it was left was the citizens would have until the end of this yeaz to pay the $1,250 and the permit would be good until December 31, 2011. Au¢ust 25, 2008 REGULAR COMMISSION MEETING Page 6 No one else from the audience spoke so the Mayor closed the Public Hearing. Utility Director, Donna Kaluzniak explained this ordinance makes growth pay for itself, stating language was added allowing those who are required to connect to City sewer to pay the current impact fee of $1,250 per unit by December 1, 2008 and if they pay now they will not have to connect until the end of their assessment. She stated those who are going to wait to pay their fee until after December 1, 2008 have until one year after their assessment. She stated for Beach Avenue assessments expire May 2010, which is when they will have to connect by and in Marsh Oaks it is November 2011. She also stated staff provided a comparison of our fees with other fees. She stated Atlantic Beach is higher than Jacksonville Beach and Neptune Beach, because they have not revised their fees in a number of years. She stated Atlantic Beach is a little below average nationwide and a little above average statewide. Commissioner Parsons proposed giving an extra year after the assessment date to connect. He also stated the rates are extremely high compared to other cities. Ms. Kaluzniak stated the rates are based on an engineering analysis related to the existing infrastructure and the value of the infrastructure, plus future requirements, which will be extensive due to TMDL work, etc. Mr. Hanson stated the current estimate to upgrade wastewater plants to meet the new TMDL standards is $10,000,000. He explained a portion of that is for excess capacity to take on new customers and the impact fees keep the rate increase to a minimum. He stated if these impact fees aze lowered, it would mean everybody else would have to pay higher rates. Discussion ensued regarding which date would be required for connection to sewer after payment of impact fee. Commissioner Borno asked for the history of how long this has been put off. Mr. Hanson explained in 2000 there were 300 people with septic tanks that had City sewer availability. He stated State law mandated they had one year after the City service was available to connect and the City questioned whether they should force everyone to connect to the City sewer system according to State law. He stated the Commission made the decision that that would be a hardship for a lot of people and agreed to allow five yeass to connect to the City sewer system, if they had no assessments. If they had assessments, they were given to one year after their assessments ended because they felt if they were already paying an assessment for the sewer line, it may be a hazdship to ask them to pay for the conversion cost also so they were given one yeaz after the assessment ended to give them an extra year to put money away for the conversion. He stated approximately 2/3 of the septic tanks have been converted to the City sewer system now. Commissioner Borno stated that now by going another year beyond the expiration of the assessment period they just keep stringing it out and he does not believe there should be a modification made to it. It was the consensus of the Commission to not allow an additional year for connection to sewer and to use the language changes in the Ordinance as attached to the agenda. Amended Motion: Add new lanauase included in Ordinance No. 80-08-76 in agenda aacket of 8/25/08 August 2S. 2008 REGULAR COMMISSION MEETING Page 7 Moved by Fletcher, Seconded by Woods Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Mayor Meserve called for a vote on the original motion as amended. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED B. Ordinance No. 33-08-15, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, CALLING FOR A REFERENDUM TO AMEND SEC 5 OF THE CITY CHARTER TO REMOVE THE REQUIREMENT THAT COMMISSIONERS RESIDE IN SPECIFIC DISTRICTS, TO REQUIRE THE COMMISSION TO ASSIGN COMMISSION SEATS TO REPRESENT DISTRICTS, AND PROVIDING AN EFFECTIVE DATE (Comm. Parsons) Ordinance No. 33-08-15 was withdrawn by Commissioner Parsons earlier in the meeting. C. Ordinance No. 25-08-40, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES, BUILDING AND BUILDING REGULATIONS, TO PROVIDE CLARITY TO THE RECENTLY ADOPTED INTERNATIONAL PROPERTY MAINTENANCE CODE, AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read Ordinance No. 25-08-40 by title only. Building Official Mike Griffin explained this Ordinance is basically a housekeeping ordinance, identifying who enforces the ordinance, identifying what codes are enforced with the ordinance and provides definitions for unsafe buildings. Motion: A~nrove Ordinance No. 25-OS-40, as read. Moved by Borno, seconded by Parsons. Mayor Meserve opened the Public Hearing. No one from the audience spoke so the Mayor closed the Public Hearing. August 25.2008 REGULAR COMMISSION MEETING Page 8 Votes: Aye: S -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED D. Ordinance No. 90-08-206, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24, ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, TO PROVIDE TIME LIMITS ON TEMPORARY STRUCTURES, TO CLARIFY FRONT YARD PARKING REQUIREMENTS FOR RECREATIONAL VEHICLES, BOATS, ETC., AND TO PROHIBIT INSTALLATION OF BURGLAR BARS, METAL AWNINGS, ETC., ON COMMERCIAL PROPERTIES, AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read Ordinance No. 90-08-206 by title only. Motion: AQprove Ordinance No. 90-08-206. as read. Moved by Borno, seconded by Fletcher. Mayor Meserve opened the Public Hearing. Michael Hoffmann, 176 Camelia St., stated he favors the changes that enhance public safety but does not favor those that have to do with aesthetics. Jonathan Daugherty, 830 Hibiscus St., stated he is opposed to the restrictions on parking a boat on your property and does not believe the City should be able to restrict burglar bars on businesses. Lindsay Libhart, 3S1 Main Street, stated she thought it has always been a rule that citizens cannot park recreational vehicles in front of their homes and also asked whether burglar bars on the inside of windows of commercial property were allowed. No one else from the audience spoke so the Mayor closed the Public Hearing. Commissioner Woods suggested deleting "used for protection against the elements and/or for decorations" under Section l.(a)(a). Discussion ensued. Amended Motion: Strike "used for urotection against the elements and/or for decorations" under Section 1.(a)(a) Moved by Woods/Seconded by Borno City Attorney stated the elimination as proposed makes this ordinance stronger. Votes: Aye: 4 -Borno, Meserve, Parsons, Woods Nay: 1-Fletcher MOTION CARRIED Ausust 25.2008 REGULAR COMMISSION MEETING Pace 9 Mayor Meserve called for a vote on the original motion, as amended. Votes: Aye: 4 -Borno, Meserve, Parsons, Woods Nay: 1-Fletcher MOTION CARRIED E. Ordinance No. 95-08-96, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 12, NUISANCES, TO PROVIDE FOR QUICKER PAYMENT OF CITY FUNDED REMEDIATION COSTS, AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read Ordinance No. 95-08-96 by title only. Chief Thompson explained, after further review, the language addressing obscuring windows was omitted from the Ordinance. He stated this Ordinance now only addresses eliminating the delay in filing liens against property owners. Motion: Aoorove Ordinance No. 95-08-96, as read. Moved by Borno, seconded by Fletcher. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED F. Ordinance No. 33-08-16, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, ESTABLISHING THE FOUR DISTRICTS FOR SEATS TWO THROUGH FIVE OF THE CITY COMMISSION, ASSIGNING CITY COMMISSION SEATS TO THE DISTRICTS, SETTING AN ELECTION SCHEDULE, AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read Ordinance No. 33-08-16 by title only. Mayor Meserve stated, due to Ordinance No. 33-08-15 being withdrawn, he believes there are some changes that need to be made to this Ordinance before it is brought back to the Commission, so he would entertain a motion to defer. Motion: Defer Ordinance No. 33-08-16 to next meeting. Moved by Borno, seconded by Fletcher. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED AuQUSt 25.2008 REGULAR COMMISSION MEETING Page 10 Miscellaneous 8. Miscellaneous Business Business A. Florida Statutes related to dogs in outdoor dining areas Ms. Doerr explained the 2006 State legislation which requires local governments to issue permits to allow restaurants to have dogs in their outdoor seating azeas. She further explained this legislation was a pilot program which expires in July 2009 if they don't renew it. After discussion, it was the consensus of the Commission to direct staff to prepaze an Ordinance. B. Police Chief Appoinrinent (City Manager) City Manager Hanson explained due to David Thompson's retirement as Public Safety Director, the City will not fill that position, but rather will fill the position of police chief. He explained City Code states that the Chief of Police shall be the head of the Police Department and shall be appointed and removed by the Director of Public Safety, subject to the approval of the City Commission. He stated both he and David Thompson concur in the recommendation of Mike Classey to be promoted to Police Chief. Mr. Hanson then outlined Mr. Classey's qualifications for the position. Motion: Approve appointment of Mike Classey as Police Chief, effective October 1.2008 Moved by Borno, Seconded by Woods Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED C. Fat, Oil and Grease (FOG) Program Donna Kaluzniak presented a slide show outlining the proposed FOG program and explained the related problems to the sewer system without a program. She further explained Atlantic Beach will not charge a permit or inspection fee when implementing this program. Ms. Kaluzniak then answered questions from the Commission. It was the consensus of the Commission to authorize staff to implement the FOG program but also asked that they explore chemical options as a future alternative to P~p~g• City Manager 9. City Manager A. City Manager's Report Mr. Hanson reported the latest alcohol deployment found no one who would sell alcohol to a minor. August 25.2008 REGULAR COMMISSION MEETING Pace 11 Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney City Attorney Jensen • Announced the Selva Preserve lawsuit was dropped. Commissioner Borno • Reported on the Florida League of Cities Conference in Tampa. • Asked what staff thinks about the Feral Cat Ordinance. • Regarding the JEA outages, suggested the City go to them to get the history of the last storm as related to where they had to make repairs. • Thanked staff for their work in keeping the drains cleaz during the storm. Commissioner Parsons Stated he has received additional complaints about the dog catchers. Commissioner Woods Reminded citizens of the budget meeting on Wednesday and suggested they try to attend. Commissioner Fletcher • Stated he believed Commissioner Pazsons did the right thing in withdrawing the Ordinance to modify district representation. Mayor Meserve • Congratulated the City for approaching the storm seriously. Stated he believes staff did a marvelous job. • Palms project is approaching the end of the six months deadline period. The Mayor outlined who he has contacted on the owner's behalf about funding. He stated he believes this project should go through the normal enforcement procedures and have the City Attorney send the owner a letter so the City can enforce their laws. Commissioner Borno stated he will provide some information he received at the Florida League of Cities Conference regarding funding. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 8:18 pm. ATTEST: John S. Meserve, Mayor/Presiding Officer Donna L. Bartle, CMC City Clerk